Banking Litigation Notes
Tag: contractual construction
Showing 108 out of 165 results
Commercial Court grants declaratory relief to bank relating to its rights under the 1992 ISDA Master Agreement
Court of Appeal upholds High Court’s decision on the preferred contractual construction of a term in an exclusion clause
The Court of Appeal has upheld the High Court’s decision on a claim involving the legal meaning of ‘goodwill’ and the contractual construction of an …
High Court refuses to strike out Quincecare duty claim against a PSP where its customer was hijacked by fraudsters
High Court considers Quincecare and dishonest assistance claims against bank in context of Ponzi scheme
Judgment handed down in FCA’s COVID-19 business interruption insurance test case
The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch …
High Court finds proceedings properly served on process agent appointed by lender under credit agreement
Court of Appeal upholds High Court decision to grant summary judgment in FX de-pegging case
The Court of Appeal has upheld the High Court’s decision to grant summary judgment in favour of a bank defending a claim brought by a foreign exchange …
High Court refuses to grant summary judgment based on contractual interpretation of Argentinian government bonds
The High Court’s recent judgment in Palladian Partners LP & Ors v The Republic of Argentina & Anor [2020] EWHC 1946 (Comm) is an …
High Court finds no duty of care owed for late execution of orders due to unforeseen market turbulence
The High Court has dismissed a claim brought by an investment company against a foreign exchange trading platform seeking to recover losses it suffered …
Court of Appeal confirms borrower’s right to withhold payment under English law Tier 2 Capital facility agreement where risk of US secondary sanctions
High Court takes robust approach to personal guarantees: potential impact for accredited lenders under the Coronavirus Business Interruption Loan Schemes
The High Court has held that personal guarantees signed by the chairman and sole shareholder of a borrower company were enforceable, dismissing arguments …
High Court gives guidance on availability of summary judgment and frustration in contractual disputes
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